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<br />x to perform all work in L ie prosecution wl; said iuiprovernent under and acctar°dirtg to the terms at7d eojj-
<br />ditions. of Im rovem.ent- Resobition No. -_-_-• $ May 14,1919.
<br />and the lansP 6 ...... adapted by the Board of Public 1Vorks....
<br />plans., profile. and specifications on file ,n tbe office of the Depa: ment. of Public Works, wha-�,h ssi�
<br />• resolution, plans, pro&!e'and specifications are msde a part Hereof as fully and a ectually"'as if coplmd ano,
<br />set out herein at full length.
<br />',,e contractor farther e ur ssly covenants and agrel's that in the prosecution of said wont ail prop
<br />31k711 l Care 1 1>e ei r 3 i, ty _ he -.: ��.: 1 all excraVa`;ons and da11,�orALA�
<br />and 71 USE.a.'j due ? d +i nPr nr ._..^ ;n_t or.. t 1 ,i3 y �� v�per o ur ly A, xf,set t7 Y 1,1 f� a pit i
<br />any injury or damage r s it g `s _.7i
<br />Or t1� S _ r i'X m ii3�??t5f5��i' or -
<br />arising therefrom; to a++y per* 1. or D oper`V, '? .Y' ll ^?.V 8" llr i7d'ute i17 ,.fi-,,re fa" cZxt a
<br />siarne the liability therefor; and in the event of ?n ar. 'or cla+tns{be q nxppns ,and as;
<br />y .1 ng maid or May acrion cis aet,ons b , ^C
<br />bra .fight against the Gity by reason or on-.ccoarit of or,growing. out of s� d .>r'c c�. its Collltrl,%tion, ; _.. saki
<br />contractor will at his own expense defend the same, and will pay any jud;, 'meat r$covered-th trein, and w"I in
<br />all rfespects fully indemnify and save harmless said city, its officers, agents or reptesent-atives' from all cost
<br />-expense, payment or judgment recovered'in connection -with such cia. or cl,
<br />aiir7s, aGtiAri or setioris. ��d f
<br />within ten days after any such action is begun, the city shall notify, the contractor of tat; Pend mcy there/,f,
<br />then any judgment rendered against the- city shall be conclusive against the contractor and against the suret
<br />on his construction bond; as to t1l '&mount, liability and other matters pertaining, thereto,
<br />Ate"d-!h1- co:- ac or agrees to i-,aaitain said ii,..,rJ�i�il1-eYit 2:.J fix. C,5Ur11..reFZirS-as Ti1ajz a:,..nC:C<'.S:'2:'j+
<br />the period and in the manner as fixed by the snRc7`_ications, and to secure tiie maintenance and repair to rco,
<br />to file with the Board of Public Works a bond with sufficient surety thereon and in an amount'as fixed by the
<br />s1i4:.c'fications And in doing' such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the•s;irne liability to the city and any other person for any injury or damage to any pers ; a or prop-
<br />erty in_ the same mariner and to. the same extent as is fixed in the last preceding paragraph covering the coil
<br />struction word:.
<br />lend it is further agreed by and between said parties that the acceptance of the work, provide3 for in this
<br />t contract, or the payr7ier_t thereof, sci:zll not constitute awaiver on the part of the city of any of the provis•-
<br />imis of this eontract;_nor shall it rclease said contractor or the sureties on his bond for the faithful perform-
<br />aiu!e- thereof nor shall the. acceptance be prima facie evidence of the performance of any provision of this
<br />Contract, except to the extent of entitling the contractor to the contract price therefor.
<br />The contractor. agrees to pay for all labor and materials used or furnished to be used in the making of
<br />such improvement and in the performance of this contract, whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor; and the-city.may reserve out of any allowance made on any estimate
<br />in favor of the contractor or ' assigns, or out of the amount due hurl or his assigns upon. the completion
<br />of the work, so mucY as ma" cessary to pay all labare s or materiai men for amounts due - therr for
<br />work done or materials use,, z, varnished to be used id the perfornvnce of this contract and the doing of
<br />said worx, and :the county trca.s,irer, acting as city treasurer, may retain money colle-cted from property
<br />owners assessed for said improvement to pay such debts for until the contractor shows that they have. been
<br />paid or satisfied
<br />�n ear-h, and un,ised material in the strt.:ts or sides Uiex`oot.
<br />upon the completion7cf,.the im73rO= em-•-it or the repairing thereof.
<br />The work of ma,�in s7irh impr vaxrient shall be col it eted accorrl'n to,4 &rms of thin contract.on or
<br />before the -------- - _da v of ..... 4 O_ e 1 jg7
<br />Unless the time for the coin ie on of the sa sha.i b� e tended v, ,ti ,o the
<br />�{ .,. t 1-9
<br />(And it is agreed that any c?7c}i e Cteri�tOri f t++ A z. �• ' j� Board ofiy1�Q,
<br />or 3nv al.�err,. )on of this contractor of the rrianner,or met
<br />od of doing such work shall in no way affect the dutizs, otili at'
<br />ties. g ions or liabilities of the contractor or his sti '
<br />It is agreed that the contra& or Pliall snot . ssi4n this c tra.rt. sub -let
<br />be `done hereunder, wilfhol,t - P or sub- et the work or any part thereof to
<br />h of the B a�rd of P- hlic Works.
<br />Y �
<br />It is .further agreed ard do ,- f 1,
<br />,t co n ract r shall
<br />preference in the emp7o,r. nt or a?1 la:,or ece: - give to residents of said city and coAnty
<br />shall forfeit to`the.city'the- sum._of ten dollars fore a^h fa lure for observe this mance of sstipulation.nd failing to do so,
<br />And uporrt`he .performance of a.i the terrns and condi ions of this contract, and things, to be done and
<br />performed by said contractor the said city agrees to cause the cost of doing such work to beasstijid, col-
<br />lected -and paid to said contractor in the manner fixed by th statute governing the making of =such: id rov
<br />meats. g s
<br />To each of the onditions and stipulations of this contract, including* all and 'singular the provisions and
<br />terms of the plans, profile, specifications and resolution of resaid, the undersigned binds himself or itscfify
<br />and the respective°successor or 2ssigns °of such parties:
<br />. . , ,Imo test imeny, WhereofW , the _'foregoing named :part'ies,
<br />hereunto not cur hands this] 2bth., da►y of Jul 19190
<br />° ° . , .. ° .. . ° THE WHITE CONSTRUCTION COMPANY
<br />C ITY OF SOUTH BEND, INDiM. A. W. W ITE
<br />BY G. A. '9LIACIT Vice Ares.
<br />HARVEY F. &OSTISBR Contractor.
<br />JOHN F. DERAVEN
<br />Its Board of Public Works.
<br />CONSTRUCTION
<br />Know all men by these p;
<br />Company of- the County of- Milwa4kee, State of
<br />C smpany - of Balt mare, ,-Md. as -sureties, are he
<br />South Bend, Indiana, in__.the hum of Twenty Bev
<br />give Dollars ($27,64540) ror; the payment of
<br />jointly and severally -bind ourselves, our hot
<br />and ass igns, f irmly by these presents*,
<br />The- c and it ions of the o
<br />named The White construction Company shall f
<br />oatract made and -entered into the- 26th. day
<br />.Bond, Indiana, and shall ft1fill all the c and
<br />tait a dt- according to the true intent and mean
<br />wbligat-ion to be void, et2te i ! to be and re
<br />sent*, That we the White Construction
<br />scons in and Maryland Cassulty
<br />and f irmly bound to the City of
<br />Thousand and six hundred and forty
<br />ich, well and truly to lire made, we
<br />executors, administrators,
<br />ligation are such that if the above
<br />,1thfully comply with the foregoing
<br />f July 1919 with- the City of South
<br />,tions and stipulations. thereiU coo-
<br />.ng there*ft in all reapeetwo ` than this
<br />sin in full force_ an& virtue in laut
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